Allahabad High Court
Dhunni @ Akram vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 18 August, 2025
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:48193
Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2814 of 2024
Applicant :- Dhunni @ Akram
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Sandeep Singh
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
As per the office report, the notice to the complainant is served. However, none appears on behalf of the complainant.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 438 Cr.PC./482 BNSS has been filed by the applicant- Dhunni @ Akram seeking anticipatory bail in Case Crime No.2138 of 2017, under Sections 376, 511 IPC, police station Kotwali Dehat, District Bahraich.
The Co-ordinate Bench of this Court vide order dated 20.12.2024 has passed the following order granting interim anticipatory bail to the applicant:-
"1. Heard Shri Sandeep Singh, learned counsel for the applicant and Shri Bhanu Pratap Singh, learned A.G.A. for the State and perused the record.
2. Issue notice to opposite party no.2.
3. Steps be taken within seven working days.
4. The applicant is apprehending his arrest in Case Crime No. 2138 of 2017, under Sections 376, 511 IPC, police station Kotwali Dehat, District Bahraich.
5. Attention has been drawn towards Annexure no.10, which is an interim anticipatory bail order dated 27.09.2024 granted by this Court in favour of co-accused Raju. The allegation against the present applicant and co-accused Raju is similar in nature, therefore, the same protection may be granted to the present applicant. For convenience, order dated 27.09.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.2225 of 2024 reads as under:-
"The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No. 2138/2017, under Sections 376/511 IPC, P.S. Kotwali Dehat, District Bahraich.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that in the statement under Section 161 and 164 Cr.P.C., the victim has made allegation against the applicant and the co-accused that they tried to ourage the modesty of the victim. After considering the statement of the victim recorded under Section 161 and 164 Cr.P.C., the applicant was enlarged on bail by the coordinate Bench of this Court vide order dated 12.02.2018 passed in criminal misc. bail application No. 234/2018. Thereafter, in the bail application of co-accused Dhunni, the coordinate Bench of this Court vide order dated 19.12.2017 passed in bail application No. 10006/2017, directed the learned AGA to seek instructions that under which circumstances offences under Section 376/511 IPC have not been invoked while filing charge sheet. Due to that order, further investigation was ordered and charge sheet in the added section i.e. under Section 376/511 IPC has been filed against the applicant.
Learned counsel for the applicant submits that while enlarging the applicant on bail, the coordinating Bench of this Court vide order dated 12.02.2018 (supra) has already considered those statements. The victim has not been medically examined. There is no material in support of the prosecution case. The applicant has already incarcerated from 05.10.2017 to 02.02.2018. There is no fresh material against the applicant. No useful purpose will be served in sending the applicant behind the bars. Supplementary charge sheet has already been filed. The applicant undertakes to cooperate in the trial. He has no criminal antecedents.
It is submitted that the applicant is innocent. The applicant has never absconded.
Two weeks' time is granted to learned AGA to file objections/ counter affidavit.
Issue notice to respondent No.2.
List on 28.10.2024.
On due consideration to the fact that the applicant has no criminal antecedent; prosecution lacks corroborative evidence; note of the statement of the victim recorded under Section 161 and 164 Cr.P.C. has already been taken by the coordinate Bench of this Court vide order dated 02.02.2018 (supra), so also the undertaking given on behalf of the applicant that he shall cooperate in the trial, I am of the opinion that the applicant is entitled to be released on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the trial.
In view of the above, the accused applicant is directed to surrender before trial court within twenty days from today. The accused applicant shall be released on anticipatory bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions.
(i) The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or tamper with the evidence;
(ii) The applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the prosecution witness;
(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses."
6. Learned AGA prays for and is granted two weeks' time to file counter affidavit.
7. Connect this application with Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.2225 of 2024 and list in the week commencing 20.01.2025.
8. On due consideration to the fact that the applicant has no criminal antecedent; prosecution lacks corroborative evidence; note of the statement of the victim recorded under Section 161 and 164 Cr.P.C. has already been taken by the co-ordinate Bench of this Court vide order dated 02.02.2018 passed in Criminal Misc. Bail Application No.234 of 2018, co-accused having been enlarged on anticipatory bail by this Court vide order dated 27.09.2024 in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.2225 of 2024, so also the undertaking given on behalf of the applicant that he shall cooperate in the trial, I am of the opinion that the applicant is entitled to be released on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another reported in (2020)5 SCC 1, subject to his cooperation in the trial.
9. In view of the above, the accused applicant is directed to surrender before trial court within twenty days from today. The accused applicant shall be released on anticipatory bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions :-
(i) The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or tamper with the evidence;
(ii) The applicant shall not leave India without the previous permission of the court;
(iii) The applicant shall not pressurize/ intimidate the prosecution witness;
(iv) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
10. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses."
Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and two sureties before the trial court.He has no criminal history. He has duly cooperated in the investigation. Charge-sheet in the case has already been filed. He has not misused the liberty of interim anticipatory bail granted by the Court. He undertakes to cooperate in the trial andin case, he is enlarged on anticipatory bail, he shall not misuse the liberty of same.
Learned A.G.A.opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that charge-sheet in the case has already been filed, the applicant has no criminal history, he has not misused the liberty of anticipatory bail granted by the Court coupled with the undertaking given by the applicant that he will cooperate in the trial as also the interim protection granted by the coordinate bench of this Court vide order dated 20.12.2024 is made absolute.
In view of the aforesaid, the anticipatory bail application isallowed.
Order Date :- 18.8.2025
Shravan
